Friday, July 1, 2011

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  • satish_hello
    08-28 10:57 PM
    any Update?




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  • new_horizon
    07-20 02:28 PM
    I would like to pledge $100 towards the core's admin cost reimbursement.
    Thank you core team.




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  • tonyHK12
    02-01 02:38 PM
    Donated $100 for the event.

    Thank you pd052009, Rajeev, arun_ramani, tonyHK12 for your donations.

    Total Contribution: $600
    Amount to be raised: 50,000 - 600 = $49,400




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  • sankap
    07-09 08:35 PM
    Desi393, FinalGC, Ramba:

    You've mentioned a few times on this forum that on AC21, the job needs to be "permanent." That is misinformation, since the Yates memo you quote doesn't say that. Also, what do you mean by a "permanent" job? I haven't seen a job offer letter in the US saying that the job would be "permanent" (whatever that means). Also, is a "legitimate" employment? Could you quote a USCIS resource?

    Another misinformation I've seen on this forum is advising people to "file AC21." First, no USCIS resource mentions procedure for that. Second, you're are *not* required by USCIS to inform them of every job change if you're invoking AC21.



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  • go_guy123
    05-09 10:30 AM
    I miss the good old Bush days and hope that McCain would have been the President.

    How are you saying this? Under his watch large numbers of green cards were lost.
    GOP as well DNC are all chasing the mass votes of illegals and their USC relatives.




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  • trueguy
    07-25 11:49 PM
    Did you send out the latest letters...I am getting a positive feed back ..that approximately at least 500 letters have gone out..we started to make noise.. and we will see the results eventually...More action items will follow in comming weeks..Dont forget the high five though campaign though ;)




    http://immigrationvoice.org/forum/showthread.php?t=20452


    Nobody is even talking about EB3-I. Since congress is supporting EB2, we EB3-I won't get any relief bcoz all big companies are happy to see EB2-I getting approved. We are left alone and nobody to help us..........



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  • Canadianindian
    07-06 05:21 PM
    Can someone organize something in NY/NJ?

    I am in for NY/NJ. Can also muster about 10 ppl or more.




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  • sankap
    07-10 01:04 AM
    [QUOTE=desi3933;486996]1. You can be self employed on c-corp as well. Please go to bank of your choice and you will get the answer. I do have business accounts and speaking from my own experience.

    Here are the IRS guidelines on filing taxes as an Independent Contractor (Self-Employed) or Employee: Independent Contractor (Self-Employed) or Employee? (http://www.irs.gov/businesses/small/article/0,,id=99921,00.html)

    2. Here is one RFE issued by USCIS. This should answer that AC-21 job must be permanent and match your labor/I-140

    Since nowhere do USCIS/DOL explain as to what constitutes a "permanent" job, one can *assume* that being self-employed (or working for a staffing company on contract) is a "permanent" job, regardless of the project's duration, and mention that on EVL. IRS guidelines could help: http://www.irs.gov/businesses/small/article/0,,id=154770,00.html

    3. See point 2.

    4. Contract extension does not mean job is permanent. And, yes, 6 year contract job is temporary in nature. Permanent job can not have end date. Period.

    I didn't imply that "contract extension means job is permanent," as you inferred. Also, can you point us to a USCIS/DOL resource to confirm that definition of a "permanent" job?

    5. Dual intent visa means that it can be issued even if I-140 or I-130 has been filed on your behalf. Nothing more than that. GC job is independent of H-1B job.

    Yes, GC is always for a future job--it's got nothing to do with your H1B job. And here's what I saw on dual-intent visas:
    "Under the Dual Intent Doctrine, some nonimmigrants are allowed to enter and/or remain in the U.S. temporarily with a nonimmigrant visa even though they have expressed a long term intent to remain permanently. Presently, only E, H-1 and L category visa holders are allowed to remain nonimmigrants while simultaneously pursuing permanent resident status. Other nonimmigrant visa holders may be denied extensions or re-issuance of a nonimmigrant visa if they appear to have a dual intent of coming to the U.S. temporarily while pursuing permanent resident status."

    6. Again, Permanent job is a job that is expected to last unknown term and is not defined for a period.

    Can you point us to a USCIS/DOL resource to confirm that definition of "permanent "job?

    H-1B job is not permanent since they have end date specified by LCA and H-1B visa petition.

    If *no* H1B job is "permanent," as you say, then how can that job be permanent after filing PERM or I-140? Second, following your argument, if you're on H-1B and changed employers using AC21, the new job wouldn't be considered "permanent," right? Third, if H-1B job is not "permanent," then which one is?

    7. Here is a case for I-140 that was denied, since offered I-140 job was not permanent full-time job. Read for yourself
    Link to case (http://www.uscis.gov/err/B6%20-%20Skilled%20Workers,%20Professionals,%20and%20Oth er%20Workers/Decisions_Issued_in_2009/Jan022009_06B6203.pdf)

    Please read the document fully. It says the petition was denied because "the petitioner has not established its ability to pay the
    proffered wages to the beneficiaries of the other petitions or the proffered wage for the instant beneficiary." Nothing related to whether the job was "permanent," FT. Also, As I said, there's a difference between being on a "permanent" future job (for which I-140 was filed) and being on a "permanent" job using AC21 provision.



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  • IamWithImmiVoice
    02-25 01:42 PM
    In Seattle. Cannot make it to DC. Contributed 100 dollars.

    Your transaction ID for this payment is: 02C37445YL429910A.

    Thank You to all the leaders driving this and who are going to DC to represent us. Others Please contribute.




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  • jindhal
    09-24 10:34 AM
    I am not sure if I am correct,
    Although no. of visas are awarded "EB category + country" wise, but spillover is not awarded in same fashion.
    .e.g. 3000 visa comes to EB2 I & 3000 visa comes to EB3 I.

    But spillover comes from EB1 to EB2 irrespective of country. And reason why EB2 I is far ahead is because of spillover gain before it reaches to EB3.

    Even if some EB2 I guys are not happy with EB3 person porting to EB2, shouldn't they calm down as whoever is porting taking benefit from spillover for EB2 world and not from spillover EB2 I.

    My assumption is spillover comes to "EB2" and not "EB2 + country" wise, if that is not correct then my point is nullified.

    The number of visas are awared "(EB + FB) Country" wise. The 7% limit is on the total green cards issued to a country regardless of category. There are two types of spillovers

    1) The spillover from EB1 -> EB2
    2) The spillover from FB -> EB

    In the first scenario the spill over happens from EB1 to EB2 regardless of category, the spillover visas do not have any country cap or other limitations and hence are awarded to the oldest priority date applicants in the EB2 category. (This is why China doesnt support country cap removal as USCIS gives the oldest application the highest priority and most of the older applications are from India). IFF all the EB2 categories are current and there are no more pending EB2 applications the visa numbers spill over to the next category i.e. EB3. Therefore until all of EB2 is current EB3 will not receive any spillover visas.

    In the second scenario the spill over happens between the FB and EB categories. If a certain country has not used up its entire FB quota additional number of EB visa's will be made available to the applicants of that country. e.g. If Korea has a total limit of 100 visas, which are evenly split between the EB and FB categories so they each have a limit of 50 visas. Only 20 people applied in the FB categories but 80 people applied in the EB categories. USCIS will approve all those applications even though the EB applicants far exceeded the EB limit.

    India doesnt benefit from the FB<=>EB spillover as there are sufficient number of FB applicants as well.

    And this is how the cookie crumbles.



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  • a_yaja
    06-26 04:12 PM
    I have to get the EMP LETTER latest by Friday June 29th from employer.
    For that i have to sign the agreement by June 28th Noon time.

    Today is June 26th and they are still working on agreement with their lawyers and would probably give me the final agreement tomorrow 27th noon time.

    Between 27th Noon and 28th Noon how can i consult a lawyer ??

    It all depends on how you want to lose the money.
    (a) Pay the employer for breaking the agreement
    (b) Do nothing and let employer send your case to collection agency. Ignore the collection agency and get black mark on your credit history (and lose money on higher mortgage/ auto loan rates, credit card interest, credit denial due to derogatory comments on credit report)
    (c) Do nothing and let employer take you to court. Then fight the case and
    (i) pay lawyer if you win
    (ii) pay lawyer and the employer if you lose

    At the end of the day, ask yourself how much it is worth to get a GC. If you think going through all this is not worth it, tell you employer to go take a walk and quit. You can start all over again with someone new.




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  • trueguy
    07-27 07:29 PM
    I agree. If "vertical spillover" occurs again, the only benefit would go to EB3-ROW.

    It is very very difficult to convince anyone to overflow EB2 ROW -> EB3 ROW -> EB3 I (leaving EB2 I out of loop). (eventhough USCIS did it in past)

    If someone tries to re-interprete, it will end up like:EB2 ROW -> EB3 ROW -> EB2I -> EB3 I, still no real benefit to EB3 I; only EB2 I will loose with some benefit to EB3 ROW.

    Bottom line is, we need more visa numbers and that's what we need to campaign for. May it be recapture, or STEM exemption or anything else.

    I am not saying this just because I am EB2, but these are the facts. Additionally, there is a big chance of new immigration law as soon as new president comes (likely some form of CIR) and we need to be prepared to have our agenda included in that; rather than splitting ourselves.


    Earlier it was like this:

    EB2 ROW --> EB3 ROW

    If any left over after that then remaining numbers were equally divided between EB2-I/C and EB3-I/C so both EB2-I and EB3-I were getting equal share of spillover. Thats the way it should be.



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  • purplehazea
    05-05 03:26 PM
    What drives the decision for a bill to be considered in Congress/Senate? WHY can't we pitch SKIL or TALENT Bills as a means to separate legal immigration from the ongoing CIR debate?

    If politicians are introducing these bills, they should be willing to back them up separtely instead of saying that these come into picture only if CIR fails. Or is the introduction of other bills a sign of CIR's imminent failure? Since the top IV team has the visibility with politicians, this hypocrisy should be resolvable. Please tell us why these bills cannot be taken up while CIR is pending? Isn't that what the lobbying company is supposed to help us with?




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  • belmontboy
    02-09 03:39 PM
    @buddyinsd

    I did not know that visa to USA is also a certificate of good behavior. Does Modi needs a visa to USA to prove he is good or bad person or vice-versa ?

    Terrorists are banned from visiting USA.
    Narenda Modi has been banned from visiting USA.

    You do the reasoning :D



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  • desi3933
    08-18 01:53 PM
    Here is an old post from SunnySurya

    The moment I get sufficient number of people I am going all out.
    But as a compromise, I have got a very simple and easy way out...I can tell you one thing, I do have a case which does not require any law change but just the interpretation of it.

    Make sure that 5882 is successful. If it proceeds, I will back down. It is a shame that among 25K members raising 5K becomes a challenge.

    This goes on to show there is no community. If there is not community then I have to look after my interest.


    GC ke liye kucch bhi karega. (Translation: I will do anything to get my GC)

    What happened to your case? It is so odd that you talk about compromise. How can you talk about compromise when you have absolutely no power. ;)

    Good Luck, my friend.




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  • gk_2000
    02-09 09:03 PM
    You can do it through the IV site. Click the Green "Donate button at the top of this page or from home page. It will display the following options from which you can choose and it will take you to paypal.
    Remember to login first to IV. Image attached. There is a link in my signature which points to the same.

    Ok, now I am a recurring donor...



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  • MeraNaamJoker
    08-21 11:02 AM
    Thanx to Libra, skidude, vkrishn, gkattalu, bindoke, andycool ....

    I feel much better. These are trying times for sure.

    Loads of work at the office, moving from one city to another and above all...this frustrating wait --- Its 2 much 2 handle. But I'm with u guyz...I think I shud just STFU N wait.

    Buddy,

    This is an ultimate test from above on our patience.

    I waited for a very long 10+ yrs for my process to complete. Will you beleive that during the first 3 yrs of my application all the categories were current. The very next month when my labor got approved it went to retrogression. Before I got greened 2 weeks back, the dates became current for 3 times. I missed all 3 times. Last one was becuase of idiot lawyer (her firm is one of the largest immigration law firms in the entire country) sat on it and did not provide a required paper work.

    After that the wait got extended for another 3 more yrs. finally got it on early part of this month. With the same process I was laid off once. Ported the process out. Then second company tried to ditch me the process. Ran away from their with the process. Got really lucky. From 3rd company I was forced to take a package and leave. Got lucky there too to port the case for a record 3rd time. Filed AC21 with the 4th company. Later filed I 140 again (i don't know why. The lawyer of the cmpany insisted). Got that once also approved.
    Spend almost 38,000.00 dollars in all these various processes. After all these waited for almost another 2 yrs again and finally it arrived.....

    So each story is different. Each has got its own colors. I have worst situations than mine. Just hang in there buddy. Your turn is round the corner. It is on its way.




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  • psaxena
    02-25 03:42 PM
    Business Name:
    Immigration Voice
    Email:
    donations@immigrationvoice.org

    Business Contact Information

    Customer Service URL: http://www.immigrationvoice.org
    Customer Service Email: donations@immigrationvoice.org
    Customer Service Phone: 850-391-4966

    Amount sent:
    -$20.00 USD
    Fee:
    $0.00 USD
    Total:
    -$20.00 USD

    Date:
    Feb. 25, 2009
    Time:
    12:26:48 PST
    Status:
    Completed

    Subject:
    You've got a payment from psaxena
    Note:
    Keep up the great effort. Donated 20$ and will keep donating more.

    My all hopes are with you guys.
    Shipping Address:
    No Address Provided

    Funding Type:
    PayPal Funds
    Funding Source:
    $20.00 USD - PayPal Account




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  • dtekkedil
    07-03 10:35 AM
    This is a superb idea. I am game for it. Someone in the DC Area will also need to coordiante press releases to media so there is coverage for this.

    Good idea! Anyone living in or near DC willing to take up this job?

    Can one of our core members let us know if we can start a separate account for this campaign?

    This has to be well planned... all the flowers should reach Emilio's office on the same day!

    The media would love to cover this since this is so "out of the way!"

    Let us get this moving... the longer we wait the less the effect of this will be! The time to act is NOW!




    mhathi
    08-01 01:12 PM
    We are in the same situation... This will be a good thread to track receipts for cases specifcally like ours. That way, we will know at least when the first batch of cases will be transferred to TSC.




    calabor2001
    05-02 08:59 PM
    This post of yours is really funny and it got me laughing like crazy!!! Very well put - I guess I belong to the category of "Endurance Limit" as well. Good Luck!!!

    :)
    My PD is Sep 2002. There are different limits:

    Break even limit
    Fatigue limit
    Endurance limit

    I am on last one :)



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